2403009 (Refugee)

The Administrative Appeals Tribunal considered the protection visa applications of Ms A and her child, Master B. Ms A claimed she feared returning to Fiji as a single parent with no support from family or friends, believing she would face discrimination and receive no assistance from Fijian police or security forces. The Tribunal had previously invited Ms A to provide further information to substantiate her claims, particularly regarding the harm she might face in Fiji, but no additional details were provided.

The legal issues before the Tribunal were whether Ms A had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or alternatively, whether there were substantial grounds for believing that as a necessary and foreseeable consequence of her removal to Fiji, she faced a real risk of suffering significant harm. The Tribunal also considered whether Master B met the criteria for a protection visa as a member of Ms A's family unit.

The Tribunal reasoned that the mere assertion of fear does not establish its genuineness or well-foundedness, and that applicants bear the responsibility to provide sufficient evidence to establish their claims, as per section 5AAA of the Migration Act 1958. Despite Ms A's claims of potential discrimination as a single parent, the Tribunal found that her claims were made in general terms and lacked substantiation. Considering the available country information and the lack of specific evidence from Ms A, the Tribunal was not satisfied that she had a real chance of suffering serious or significant harm in Fiji. As Master B's claims were dependent on Ms A's, and she did not meet the criteria, he also did not satisfy the requirements for a protection visa.

Consequently, the Tribunal affirmed the decision not to grant the applicants protection visas.